Preview
FILED: NASSAU COUNTY CLERK 02/26/2024 03:15 AM INDEX NO. 603373/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/26/2024
SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF NASSAU Date Summons Filed:
02/24/2024
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JIE RANIERI AND PAUL RANIERI, Plaintiff designates Nassau
County as the place of trial
Plaintiffs,
The basis of venue is the
-against- county in which a substantial
part of the events giving rise to
ROSE RANIERI IRREVOCABLE TRUST, the claim occurred such county
MICHELLE RANIERI CORONA, RE/MAX BEACH being Nassau County, New
WEST, and LAURIE WEST, York
Defendants. SUMMONS
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To the above-named Defendants:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy
of your answer on the Plaintiffs' Attorney(s) within twenty (20) days after the service of this
summons, exclusive of the day of service, where service is made by delivery upon you personally
within the state, or within thirty (30) days after completion of service where service is made in any
other manner. In case of your failure to appear or answer, judgment will be taken against you by
default for the relief demanded in the complaint.
DATED: Garden City, New York
February 24, 2024
Victor Feraru, Esq.
Attorney(s) for Plaintiffs
Jie Ranieri and Paul Ranieri
Law Office of Victor M. Feraru
1225 Franklin Avenue, Suite 325
Garden City, NY 11530
Phone No.: (516) 685-2285
Defendants' Addresses:
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Rose Ranieri Irrevocable Trust
1323 Grass Creek Avenue
Henderson, NV 89012
Michele Ranieri Corona
1323 Grass Creek Avenue
Henderson, NV 89012
RE/MAX BEACH WEST
880 West Beech Street
Long Beach, NY 11561
LAURIE WEST
880 West Beech Street
Long Beach, NY 11561
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SUPREME /COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
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JIE RANIERI AND PAUL RANIERI, Index No.:
Plaintiffs,
VERIFIED
-against- COMPLAINT
ROSE RANIERI IRREVOCABLE TRUST, MICHELLE
RANIERI CORONA, RE/MAX BEACH WEST, and
LAURIE WEST
Defendants.
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Plaintiffs, JIE RANIERI and PAUL RANIERI, by and through their attorneys, LAW
OFFICE OF VICTOR M. FERARU, complaining of the Defendants, respectfully allege upon
information and belief as follows:
THE PARTIES
1. At all times hereinafter mentioned, Plaintiff, JIE RANIERI, was and still is a resident of the
County of Nassau, State of New York.
2. At all times hereinafter mentioned, Plaintiff, PAUL RANIERI, was and still is a resident of
the County of Nassau, State of New York.
3. At all times hereinafter mentioned, Defendant ROSE RANIERI IRREVOCABLE TRUST is
a trust formed under the laws of the State of New York.
4. At all times hereinafter mentioned, Defendant MICHELLE RANIERI CORONA (“MRC”)
is and continues to live and reside at the address known as 1323 Grass Creek Avenue,
Henderson, NV, 89012. She is sued in her personal capacity, as well as her capacity as the
Trustee of the ROSE RANIERI IRREVOCABLE TRUST.
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5. At all times hereinafter mentioned, Defendant LAURIE WEST, upon information and belief,
is a resident of Nassau County, New York. She is sued in her personal and professional
capacities.
6. At all times hereinafter mentioned, Defendant RE/MAX Beach West, is a corporation or a
corporation doing business as RE/MAX Beach West and is formed under the laws of the State
of New York with a corporate home in Nassau County, New York.
7. At all times hereinafter mentioned, Defendant, ROSE RANIERI IRREVOCABLE TRUST, is
and was a corporation formed under the laws of New York, with its principal place of business
and conducting business in New York.
STATEMENT OF FACTS
8. At all times relevant to this Complaint Plaintiff PAUL RANIERI (hereinafter “Paul”) is the
beloved son of the late Mrs. ROSE RANIERI (“Rose”).
9. At all times relevant to this complaint, on or about August 17, 2023, Paul’s beloved Mother
Rose passed away at the age of EIGHTY-SEVEN (87) YEARS old.
10. At all times relevant to this Complaint Rose left what is known as the ROSE RANERI
IRREVOCABLE TRUST (“Trust” or from time to time “the Trust”) holds and owns certain
real property within it at the addresses known as 134 Belmont Ave., Long Beach, New York
11561 (“Belmont Property”) and also another at 205 West Hudson Street, Long Beach, New
York 11561 (“Hudson Property”).
11. At all times relevant to this Complaint, Rose sold two properties in Queens to purchase the
Belmont Property and the Hudson Property in 1999.
12. At all times relevant to this Complaint, Rose asked her son, Paul, to put money into the
purchase of the Hudson Property.
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13. At all times relevant to this Complaint, Paul participated in the purchase of the Hudson
Property in the amount of THIRTY THOUSAND ($30,000.00) DOLLARS and Rose informed
him that he was one of the owners of the Hudson Property.
14. At all times relevant to this Complaint, Paul has lived in the Hudson Property since 1999 and
was responsible for the maintenance and upkeep of both the Hudson Property and the Belmont
Property. Paul took care of Rose in addition to his maintenance responsibilities for the two
properties.
15. At all times relevant to this Complaint, on October 29, 2012, Hurricane Sandy hit the area and
caused severe damage to the house. Paul and his wife and co-Plaintiff, Jie, lent Rose FIFTY-
FIVE THOUSAND ($55,000.00) DOLLARS for repairs.
16. At all times relevant to this Complaint, Rose agreed to repay the FIFTY-FIVE THOUSAND
($55,000.00) DOLLARS and signed a note in 2012 officially granting Paul 50% ownership of
the Hudson Property. This was subsequently deeded in 2013.
17. At all times relevant to this Complaint, in 2014, MRC deceived Paul into signing a document
giving up his share of the house. Paul signed the document because he believed that he could
wholeheartedly trust his sister, Michelle Ranieri Corona, with managing the trust, however this
proved to be incorrect and as explained further below, was reversed.
18. At all times relevant to this Complaint, Rose signed and executed a Promissory note (“Note”)
agreeing to pay back the FIFTY-FIVE THOUSAND ($55,000.00) DOLLARS plus the
appreciated value of the house as equity in lieu of interest upon her decision to sell the property.
In addition, the Note contained the following material terms:
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a. The FIFTY-FIVE THOUSAND ($55,000.00) DOLLARS was used to repair
the Hudson Property so that it may be rented after Hurricane Sandy decimated
Long Beach.
b. The FIFTY-FIVE THOUSAND ($55,000.00) DOLLARS principle loaned by
Plaintiffs, would be multiplied by appreciation in property value would be
repaid upon the sale of the Hudson Property.
c. The payment contained in paragraph “b,” above took priority over Rose’s Will,
any other payments, or any trust, and was distinctly separate and apart from
Paul’s already owned FIFTY (50) PERCENT share of the Hudson Property.
19. At all times relevant to this Complaint Rose told Paul in 2017 that MRC, as Trustee, had
misrepresented the document she gave Paul to sign in 2014.
20. On June 15, 2017, the deed was corrected by adding Paul’s name back on with the ownership
of joint tenancy with right of survivorship.
21. At all times relevant to this Complaint, MRC in her personal capacity, and as trustee of the
Trust began pressuring Paul to sign away his 50% ownership. Paul repeatedly refused to do so.
22. At all times relevant to this Complaint, Rose informed Paul that if he did not put his FIFTY
(50) PERCENT ownership of the Hudson Property entirely in the trust, or simply retain a
FIFTY (50) PERCENT ownership of the Hudson Property he would be excluded as a
beneficiary of the trust.
23. At all times relevant to this Complaint, Paul informed Rose that he did not want to forfeit his
FIFTY (50) PERCENT ownership of the Hudson Property and as a result he was excluded as
a beneficiary of the trust.
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24. At all times relevant to this Complaint, Paul was placed on the title of the Hudson Property as
FIFTY (50) PERCENT owner and Rose included the other 50% in the Trust indicating that
Paul was granted his inheritance during her lifetime and was not otherwise provided for in the
Trust.
25. At all times relevant to this Complaint, Rose included in the Trust that Paul would serve as the
exclusive selling agent for the Belmont property upon her death. This was memorialized in her
trust document.
26. At all times relevant to this Complaint, on or about November 14, 2022, MRC acting in her
personal capacity and as the Trustee of the Trust and without Paul’s knowledge, falsified Paul’s
signature as well as a document wherein it suggests that Paul was revoking his interest in the
Hudson Property and would only be entitled to one fifth of the proceeds from the sale of the
property.
27. The document also claims that the reason for having his name on the Hudson Property deed
was to obtain a TWO HUNDRED AND FIFTY THOUSAND ($250,000.00) DOLLARS
capital gains discount. This document forged by MRC was only made available to Paul Ranieri
within the last six months after his mother’s passing, and is an entire fabrication, down to Paul’s
forged signature.
28. At all times relevant to this Complaint, on or about October 17, 2023, MRC called a meeting
of the siblings regarding the Trust.
29. At all times relevant to this Complaint, including but not limited to the last SIX (6) YEARS,
the Hudson Property had a tenant, collected rents from said tenant or tenants, and did not
provide Paul with his FIFTY PERCENT share of said rents, although such is due and owing.
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30. At all times relevant to this Complaint, Defendant MRC was named trustee of the Trust, and
has acted in dilatory, harmful, extremely irrational, negligent ways, without the regard for law
as it pertains to her managing of the Trust’s assets, but moreover in changing material terms of
the agreement between Paul and the Trust.
31. At all times relevant to this Complaint, Defendant ROSE RANIERI IRREVOCABLE TRUST
as FIFTY (50) PERCENT owner/partner in the “Hudson Property,” Defendant MRC had a
special duty to Plaintiffs to maximize all profits, benefits, and proceeds, including improving
the property for its partner in the property JIE RANIERI and PAUL RANIERI.
32. At all times relevant to this complaint, and for the last six preceding years, as it pertains to the
Belmont Property, Defendant MRC as Trustee has, inter alia, failed to:
a. Divide dividends of the FIVE THOUSAND FIVE HUNDRED ($5,500.00)
DOLLARS rent with its partner Plaintiff PR, since August 17, 2023.
b. Properly maintain the home insurance which Defendant (enter) because a
cancellation notice was sent to the house, and Defendant (enter) did not inform
Plaintiffs of the same for a number of months.
c. Provided incorrect information to the insurance company, which triggered
government inspection of the home.
d. To reimburse Plaintiffs for Maintenance work done on behalf of the entire
property, in an amount to be determined by the Court.
e. Defendant MRC failed to file tax returns thereby causing significant fees
reducing the amount of profits in the rental income of the Hudson Property.
33. On or about January 24, 2024, in contravention of the express language of the Trust,
Defendant “MRC” extended an agreement to Paul and placed a limitation for the time
in which he would be the exclusive agent, limiting his term to be the exclusive selling
agent to THREE (3) MONTHS.
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34. On or about February 23, 2024, MRC contracted with Defendants RE/MAX BEACH
WEST and LAURIE WEST to sell the property, unilaterally.
35. On or about February 23, 2024, despite clear notice and demand of the contractual
obligation the Trust had with Paul, Defendants RE/MAX BEACH WEST and LAURIE
WEST knowing that such a contract existed, refused in bad faith to remove the listing
and its status as the selling brokerage/agency listing the Hudson Property.
AS AND FOR THE FIRST CAUSE OF ACTION
Declaratory Judgement
As against ROSE RANIERI IRREVOCABLE TRUST, and MICHELLE RANIERI
CORONA
36. Plaintiffs repeat and reallege all prior paragraphs of this complaint with the same force and
effect as though same were set forth at length herein, and further allege that:
37. A bona fide justiciable and substantial controversy exists, specifically as to whether the above-
mentioned note is both valid, and able to be placed as a lien upon the Hudson Property as a
priority lien, together with interest and appreciation for its time of signing.
38. This bona fide justiciable and substantial controversy is between parties with adverse legal
interests as to either present or prospective obligations.
39. A judgment would serve a useful purpose in clarifying or settling the legal issues;
40. A judgment would finalize the controversy and offer relief from uncertainty.
41. Wherefore by reason of the foregoing, PLAINTIFFS request declaratory judgment, as against
Defendants ROSE RANIERI IRREVOCABLE TRUST, and MICHELLE RANIERI
CORONA, declaring the promissory note valid and enforceable as a priority lien as against the
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Hudson Property, together with costs, disbursements, and reasonable attorney's fees in
prosecuting this matter.
AS AND FOR THE SECOND CAUSE OF ACTION
Declaratory Judgement
As Against ROSE RANIERI IRREVOCABLE TRUST, and MICHELLE RANIERI
CORONA
42. Plaintiffs repeat and reallege all prior paragraphs of this complaint with the same force and
effect as though same were set forth at length herein, and further allege that:
43. A bona fide justiciable and substantial controversy exists, specifically as to whether the above-
mentioned note is both valid, and able to be placed as a lien upon the Hudson Property as a
priority lien, together with interest and appreciation for its time of signing.
44. This bona fide and justiciable and substantial controversy is between parties with adverse legal
interests as to either present or prospective obligations.
45. A judgment would serve a useful purpose in clarifying or settling the legal issues.
46. A judgment would finalize the controversy and offer relief from uncertainty.
47. Wherefore by reason of the foregoing, PLAINTIFFS request declaratory judgment, as against
Defendants ROSE RANIERI IRREVOCABLE TRUST, and MICHELLE RANIERI
CORONA, declaring the provision of the Trust to unequivocally appoint Plaintiff Paul the
exclusive listing agent of the Belmont Property, together with costs, disbursements, and
reasonable attorney's fees in prosecuting this matter.
AS AND FOR THE THIRD CAUSE OF ACTION
Breach of Fiduciary Duty
As Against Defendants ROSE RANIERI IRREVOCABLE TRUST, MICHELLE RANIERI
CORONA
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48. Plaintiffs repeat and reallege all prior paragraphs of this complaint with the same force and
effect as though same were set forth at length herein, and further allege that:
49. As set forth above, there is an existence of a fiduciary relationship between Plaintiff Paul and
Defendants MRC and the Trust.
50. There has been misconduct by Defendants MRC and the Trust.
51. Plaintiff Paul has been financially damaged by the trust in an amount to be determined by the
Court, but currently in an amount exceeding FORTY THOUSAND ($40,000.00) DOLLARS.
52. Defendants MRC and the Trust are the actual and proximate cause of the above-mentioned
damages.
53. Wherefore by reason of the foregoing, PLAINTIFFS request monetary damages, as against
Defendants ROSE RANIERI IRREVOCABLE TRUST, and MICHELLE RANIERI
CORONA, in an amount to be determined by the Court but in no event less than ONE
HUNDRED THOUSAND ($100,000.00) DOLLARS.
AS AND FOR THE FOURTH CAUSE OF ACTION
Breach of Contract
As Against the ROSE RANIERI IRREVOCABLE TRUST, and MICHELLE RANIERI
CORONA
54. Plaintiffs repeat and reallege all prior paragraphs of this complaint with the same force and
effect as though same were set forth at length herein, and further allege that:
55. Plaintiff Paul and Defendant ROSE RANIERI IRREVOCABLE TRUST had a fully
enforceable, binding contract that upon the decision to sell the Belmont Property, without a
time limitation, Plaintiff Paul would be the exclusive listing agent of the Belmont Property.
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56. In or about February of 2024, the Trust through its Trustee decided to sell the Belmont Property,
and used Defendants RE/MAX BEACH WEST, and LAURIE WEST as the listing agents,
thereby breaching the agreement.
57. As a result, Plaintiff Paul has and continues to be financially damaged
58. Wherefore by reason of the foregoing, PLAINTIFFS request monetary damages, as against
Defendants ROSE RANIERI IRREVOCABLE TRUST, and MICHELLE RANIERI
CORONA, in an amount to be determined by the Court but in no event less than ONE
HUNDRED THOUSAND ($100,000.00) DOLLARS.
AS AND FOR THE FIFTH CAUSE OF ACTION
Tortious Interference with a Business Contract
As Against Defendant MICHELLE RANIERI CORONA
59. Plaintiffs repeat and reallege all prior paragraphs of this complaint with the same force and
effect as though same were set forth at length herein, and further allege that: Plaintiffs repeat
and reallege all prior paragraphs of this complaint with the same force and effect as though
stated here, and further allege:
60. There is the existence of a valid contract between plaintiff Paul, and the Trust, specifically that
upon a condition precedent, the sale of the Belmont Property, he would, without limitation, be
the exclusive listing agent of that property,
61. Defendant MRC knew of this contract.
62. Defendant intentionally procured that breach by personally seeing to it that another listing agent
list and sell the property.
63. As a result of the above-mentioned, Plaintiff Paul has been and continues to be financially
damaged.
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64. Wherefore by reason of the foregoing, PLAINTIFFS request monetary damages, as against
Defendant MICHELLE RANIERI CORONA, in an amount to be determined by the Court but
in no event less than ONE HUNDRED THOUSAND ($100,000.00) DOLLARS.
AS AND FOR THE SIXTH CAUSE OF ACTION
Tortious Interference with a Business Contract
As Against Defendants RE/MAX BEACH WEST and LAURIE WEST
65. Plaintiffs repeat and reallege all prior paragraphs of this complaint with the same force and
effect as though same were set forth at length herein, and further allege that: Plaintiffs repeat
and reallege all prior paragraphs of this complaint with the same force and effect as though
stated here, and further allege:
66. There is the existence of a valid contract between plaintiff Paul, and the Trust, specifically that
upon a condition precedent, the sale of the Belmont Property, he would, without limitation, be
the exclusive listing agent of that property,
67. Defendant RE/MAX BEACH WEST and LAURIE WEST knew of this contract.
68. Defendant intentionally procured that breach by personally seeing to it that another listing agent
list and sell the property.
69. As a result of the above-mentioned, Plaintiff Paul has been and continues to be financially
damaged.
70. Wherefore by reason of the foregoing, PLAINTIFFS request monetary damages, as against
Defendants RE/MAX BEACH WEST and LAURIE WEST in an amount to be determined by
the Court but in no event less than ONE HUNDRED THOUSAND ($100,000.00) DOLLARS.
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WHEREFORE, Plaintiffs, JIE RANIERI AND PAUL RANIERI, demand judgment
against the Defendant as follows:
a. PLAINTIFFS demand declaratory judgment, as against Defendants ROSE RANIERI
IRREVOCABLE TRUST, and MICHELLE RANIERI CORONA, declaring the promissory note
valid and enforceable as a priority lien as against the Hudson Property, together with costs,
disbursements, and reasonable attorney's fees in prosecuting this matter.
b. Wherefore by reason of the foregoing, PLAINTIFFS request declaratory judgment, as against
Defendants ROSE RANIERI IRREVOCABLE TRUST, and MICHELLE RANIERI CORONA,
declaring the provision of the Trust to unequivocally appoint Plaintiff Paul the exclusive listing
agent of the Belmont Property, together with costs, disbursements, and reasonable attorney's fees
in prosecuting this matter.
c. PLAINTIFFS request monetary damages, as against Defendants ROSE RANIERI
IRREVOCABLE TRUST, and MICHELLE RANIERI CORONA, in an amount to be determined
by the Court but in no event less than ONE HUNDRED THOUSAND ($100,000.00) DOLLARS.
d. Wherefore by reason of the foregoing, PLAINTIFFS request monetary damages, as against
Defendants ROSE RANIERI IRREVOCABLE TRUST, and MICHELLE RANIERI CORONA,
in an amount to be determined by the Court but in no event less than ONE HUNDRED
THOUSAND ($100,000.00) DOLLARS.
e. Wherefore by reason of the foregoing, PLAINTIFFS request monetary damages, as against
Defendant MICHELLE RANIERI CORONA, in an amount to be determined by the Court but in
no event less than ONE HUNDRED THOUSAND ($100,000.00) DOLLARS.
f. Wherefore by reason of the foregoing, PLAINTIFFS request monetary damages, as against
Defendants RE/MAX BEACH WEST and LAURIE WEST in an amount to be determined by the
Court but in no event less than ONE HUNDRED THOUSAND ($100,000.00) DOLLARS.
g. For costs and expenses in connection with the prosecution of this action; and
h. For such other and further relief as this Court may deem just and equitable.
DATED: February 24, 2024
Brooklyn, New York
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VICTOR FERARU
Attorney(s) for Plaintiff
Law Office of Victor M. Feraru
1225 Franklin Avenue
Suite 325
Garden City, NY 11530
Telephone No.: (516) 685-2285
Fax No.: (516) 494-7239
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VERIFICATION
STATE OF NEW YORK )
) ss
COUNTY OF KINGS )
I, Victor Feraru, an attorney admitted to practice in the courts of New York State, under penalty
of perjury state that I am the attorney for the Plaintiffs in the above-entitled action. I have read
the foregoing Complaint and know the contents thereof. The same is true as to my knowledge,
except as to matters therein stated to be alleged on information and belief, and that, as to those
matters, I believe them to be true. The grounds of my belief as to all matters not stated upon my
own knowledge are the materials in my file and the investigation conducted by my office.
This verification is made by the attorney as Plaintiffs are currently in Nassau County, and the
undersigned’s primary office and office he is working from currently in Kings County, NY.
Dated: February 26, 2024 /s/ Victor M. Feraru/s/
VICTOR FERARU, ESQ
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Preview
FILED: NASSAU COUNTY CLERK 02/26/2024 03:15 AM INDEX NO. 603373/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/26/2024 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF NASSAU Date Summons Filed: 02/24/2024 -----------------------------------------------------------------X JIE RANIERI AND PAUL RANIERI, Plaintiff designates Nassau County as the place of trial Plaintiffs, The basis of venue is the -against- county in which a substantial part of the events giving rise to ROSE RANIERI IRREVOCABLE TRUST, the claim occurred such county MICHELLE RANIERI CORONA, RE/MAX BEACH being Nassau County, New WEST, and LAURIE WEST, York Defendants. SUMMONS ------------------------------------------------------------------X To the above-named Defendants: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer on the Plaintiffs' Attorney(s) within twenty (20) days after the service of this summons, exclusive of the day of service, where service is made by delivery upon you personally within the state, or within thirty (30) days after completion of service where service is made in any other manner. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. DATED: Garden City, New York February 24, 2024 Victor Feraru, Esq. Attorney(s) for Plaintiffs Jie Ranieri and Paul Ranieri Law Office of Victor M. Feraru 1225 Franklin Avenue, Suite 325 Garden City, NY 11530 Phone No.: (516) 685-2285 Defendants' Addresses: 1 of 16 FILED: NASSAU COUNTY CLERK 02/26/2024 03:15 AM INDEX NO. 603373/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/26/2024 Rose Ranieri Irrevocable Trust 1323 Grass Creek Avenue Henderson, NV 89012 Michele Ranieri Corona 1323 Grass Creek Avenue Henderson, NV 89012 RE/MAX BEACH WEST 880 West Beech Street Long Beach, NY 11561 LAURIE WEST 880 West Beech Street Long Beach, NY 11561 2 of 16 FILED: NASSAU COUNTY CLERK 02/26/2024 03:15 AM INDEX NO. 603373/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/26/2024 SUPREME /COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU -------------------------------------------------------------------X JIE RANIERI AND PAUL RANIERI, Index No.: Plaintiffs, VERIFIED -against- COMPLAINT ROSE RANIERI IRREVOCABLE TRUST, MICHELLE RANIERI CORONA, RE/MAX BEACH WEST, and LAURIE WEST Defendants. -------------------------------------------------------------------X Plaintiffs, JIE RANIERI and PAUL RANIERI, by and through their attorneys, LAW OFFICE OF VICTOR M. FERARU, complaining of the Defendants, respectfully allege upon information and belief as follows: THE PARTIES 1. At all times hereinafter mentioned, Plaintiff, JIE RANIERI, was and still is a resident of the County of Nassau, State of New York. 2. At all times hereinafter mentioned, Plaintiff, PAUL RANIERI, was and still is a resident of the County of Nassau, State of New York. 3. At all times hereinafter mentioned, Defendant ROSE RANIERI IRREVOCABLE TRUST is a trust formed under the laws of the State of New York. 4. At all times hereinafter mentioned, Defendant MICHELLE RANIERI CORONA (“MRC”) is and continues to live and reside at the address known as 1323 Grass Creek Avenue, Henderson, NV, 89012. She is sued in her personal capacity, as well as her capacity as the Trustee of the ROSE RANIERI IRREVOCABLE TRUST. 3 of 16 FILED: NASSAU COUNTY CLERK 02/26/2024 03:15 AM INDEX NO. 603373/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/26/2024 5. At all times hereinafter mentioned, Defendant LAURIE WEST, upon information and belief, is a resident of Nassau County, New York. She is sued in her personal and professional capacities. 6. At all times hereinafter mentioned, Defendant RE/MAX Beach West, is a corporation or a corporation doing business as RE/MAX Beach West and is formed under the laws of the State of New York with a corporate home in Nassau County, New York. 7. At all times hereinafter mentioned, Defendant, ROSE RANIERI IRREVOCABLE TRUST, is and was a corporation formed under the laws of New York, with its principal place of business and conducting business in New York. STATEMENT OF FACTS 8. At all times relevant to this Complaint Plaintiff PAUL RANIERI (hereinafter “Paul”) is the beloved son of the late Mrs. ROSE RANIERI (“Rose”). 9. At all times relevant to this complaint, on or about August 17, 2023, Paul’s beloved Mother Rose passed away at the age of EIGHTY-SEVEN (87) YEARS old. 10. At all times relevant to this Complaint Rose left what is known as the ROSE RANERI IRREVOCABLE TRUST (“Trust” or from time to time “the Trust”) holds and owns certain real property within it at the addresses known as 134 Belmont Ave., Long Beach, New York 11561 (“Belmont Property”) and also another at 205 West Hudson Street, Long Beach, New York 11561 (“Hudson Property”). 11. At all times relevant to this Complaint, Rose sold two properties in Queens to purchase the Belmont Property and the Hudson Property in 1999. 12. At all times relevant to this Complaint, Rose asked her son, Paul, to put money into the purchase of the Hudson Property. 4 of 16 FILED: NASSAU COUNTY CLERK 02/26/2024 03:15 AM INDEX NO. 603373/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/26/2024 13. At all times relevant to this Complaint, Paul participated in the purchase of the Hudson Property in the amount of THIRTY THOUSAND ($30,000.00) DOLLARS and Rose informed him that he was one of the owners of the Hudson Property. 14. At all times relevant to this Complaint, Paul has lived in the Hudson Property since 1999 and was responsible for the maintenance and upkeep of both the Hudson Property and the Belmont Property. Paul took care of Rose in addition to his maintenance responsibilities for the two properties. 15. At all times relevant to this Complaint, on October 29, 2012, Hurricane Sandy hit the area and caused severe damage to the house. Paul and his wife and co-Plaintiff, Jie, lent Rose FIFTY- FIVE THOUSAND ($55,000.00) DOLLARS for repairs. 16. At all times relevant to this Complaint, Rose agreed to repay the FIFTY-FIVE THOUSAND ($55,000.00) DOLLARS and signed a note in 2012 officially granting Paul 50% ownership of the Hudson Property. This was subsequently deeded in 2013. 17. At all times relevant to this Complaint, in 2014, MRC deceived Paul into signing a document giving up his share of the house. Paul signed the document because he believed that he could wholeheartedly trust his sister, Michelle Ranieri Corona, with managing the trust, however this proved to be incorrect and as explained further below, was reversed. 18. At all times relevant to this Complaint, Rose signed and executed a Promissory note (“Note”) agreeing to pay back the FIFTY-FIVE THOUSAND ($55,000.00) DOLLARS plus the appreciated value of the house as equity in lieu of interest upon her decision to sell the property. In addition, the Note contained the following material terms: 5 of 16 FILED: NASSAU COUNTY CLERK 02/26/2024 03:15 AM INDEX NO. 603373/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/26/2024 a. The FIFTY-FIVE THOUSAND ($55,000.00) DOLLARS was used to repair the Hudson Property so that it may be rented after Hurricane Sandy decimated Long Beach. b. The FIFTY-FIVE THOUSAND ($55,000.00) DOLLARS principle loaned by Plaintiffs, would be multiplied by appreciation in property value would be repaid upon the sale of the Hudson Property. c. The payment contained in paragraph “b,” above took priority over Rose’s Will, any other payments, or any trust, and was distinctly separate and apart from Paul’s already owned FIFTY (50) PERCENT share of the Hudson Property. 19. At all times relevant to this Complaint Rose told Paul in 2017 that MRC, as Trustee, had misrepresented the document she gave Paul to sign in 2014. 20. On June 15, 2017, the deed was corrected by adding Paul’s name back on with the ownership of joint tenancy with right of survivorship. 21. At all times relevant to this Complaint, MRC in her personal capacity, and as trustee of the Trust began pressuring Paul to sign away his 50% ownership. Paul repeatedly refused to do so. 22. At all times relevant to this Complaint, Rose informed Paul that if he did not put his FIFTY (50) PERCENT ownership of the Hudson Property entirely in the trust, or simply retain a FIFTY (50) PERCENT ownership of the Hudson Property he would be excluded as a beneficiary of the trust. 23. At all times relevant to this Complaint, Paul informed Rose that he did not want to forfeit his FIFTY (50) PERCENT ownership of the Hudson Property and as a result he was excluded as a beneficiary of the trust. 6 of 16 FILED: NASSAU COUNTY CLERK 02/26/2024 03:15 AM INDEX NO. 603373/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/26/2024 24. At all times relevant to this Complaint, Paul was placed on the title of the Hudson Property as FIFTY (50) PERCENT owner and Rose included the other 50% in the Trust indicating that Paul was granted his inheritance during her lifetime and was not otherwise provided for in the Trust. 25. At all times relevant to this Complaint, Rose included in the Trust that Paul would serve as the exclusive selling agent for the Belmont property upon her death. This was memorialized in her trust document. 26. At all times relevant to this Complaint, on or about November 14, 2022, MRC acting in her personal capacity and as the Trustee of the Trust and without Paul’s knowledge, falsified Paul’s signature as well as a document wherein it suggests that Paul was revoking his interest in the Hudson Property and would only be entitled to one fifth of the proceeds from the sale of the property. 27. The document also claims that the reason for having his name on the Hudson Property deed was to obtain a TWO HUNDRED AND FIFTY THOUSAND ($250,000.00) DOLLARS capital gains discount. This document forged by MRC was only made available to Paul Ranieri within the last six months after his mother’s passing, and is an entire fabrication, down to Paul’s forged signature. 28. At all times relevant to this Complaint, on or about October 17, 2023, MRC called a meeting of the siblings regarding the Trust. 29. At all times relevant to this Complaint, including but not limited to the last SIX (6) YEARS, the Hudson Property had a tenant, collected rents from said tenant or tenants, and did not provide Paul with his FIFTY PERCENT share of said rents, although such is due and owing. 7 of 16 FILED: NASSAU COUNTY CLERK 02/26/2024 03:15 AM INDEX NO. 603373/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/26/2024 30. At all times relevant to this Complaint, Defendant MRC was named trustee of the Trust, and has acted in dilatory, harmful, extremely irrational, negligent ways, without the regard for law as it pertains to her managing of the Trust’s assets, but moreover in changing material terms of the agreement between Paul and the Trust. 31. At all times relevant to this Complaint, Defendant ROSE RANIERI IRREVOCABLE TRUST as FIFTY (50) PERCENT owner/partner in the “Hudson Property,” Defendant MRC had a special duty to Plaintiffs to maximize all profits, benefits, and proceeds, including improving the property for its partner in the property JIE RANIERI and PAUL RANIERI. 32. At all times relevant to this complaint, and for the last six preceding years, as it pertains to the Belmont Property, Defendant MRC as Trustee has, inter alia, failed to: a. Divide dividends of the FIVE THOUSAND FIVE HUNDRED ($5,500.00) DOLLARS rent with its partner Plaintiff PR, since August 17, 2023. b. Properly maintain the home insurance which Defendant (enter) because a cancellation notice was sent to the house, and Defendant (enter) did not inform Plaintiffs of the same for a number of months. c. Provided incorrect information to the insurance company, which triggered government inspection of the home. d. To reimburse Plaintiffs for Maintenance work done on behalf of the entire property, in an amount to be determined by the Court. e. Defendant MRC failed to file tax returns thereby causing significant fees reducing the amount of profits in the rental income of the Hudson Property. 33. On or about January 24, 2024, in contravention of the express language of the Trust, Defendant “MRC” extended an agreement to Paul and placed a limitation for the time in which he would be the exclusive agent, limiting his term to be the exclusive selling agent to THREE (3) MONTHS. 8 of 16 FILED: NASSAU COUNTY CLERK 02/26/2024 03:15 AM INDEX NO. 603373/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/26/2024 34. On or about February 23, 2024, MRC contracted with Defendants RE/MAX BEACH WEST and LAURIE WEST to sell the property, unilaterally. 35. On or about February 23, 2024, despite clear notice and demand of the contractual obligation the Trust had with Paul, Defendants RE/MAX BEACH WEST and LAURIE WEST knowing that such a contract existed, refused in bad faith to remove the listing and its status as the selling brokerage/agency listing the Hudson Property. AS AND FOR THE FIRST CAUSE OF ACTION Declaratory Judgement As against ROSE RANIERI IRREVOCABLE TRUST, and MICHELLE RANIERI CORONA 36. Plaintiffs repeat and reallege all prior paragraphs of this complaint with the same force and effect as though same were set forth at length herein, and further allege that: 37. A bona fide justiciable and substantial controversy exists, specifically as to whether the above- mentioned note is both valid, and able to be placed as a lien upon the Hudson Property as a priority lien, together with interest and appreciation for its time of signing. 38. This bona fide justiciable and substantial controversy is between parties with adverse legal interests as to either present or prospective obligations. 39. A judgment would serve a useful purpose in clarifying or settling the legal issues; 40. A judgment would finalize the controversy and offer relief from uncertainty. 41. Wherefore by reason of the foregoing, PLAINTIFFS request declaratory judgment, as against Defendants ROSE RANIERI IRREVOCABLE TRUST, and MICHELLE RANIERI CORONA, declaring the promissory note valid and enforceable as a priority lien as against the 9 of 16 FILED: NASSAU COUNTY CLERK 02/26/2024 03:15 AM INDEX NO. 603373/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/26/2024 Hudson Property, together with costs, disbursements, and reasonable attorney's fees in prosecuting this matter. AS AND FOR THE SECOND CAUSE OF ACTION Declaratory Judgement As Against ROSE RANIERI IRREVOCABLE TRUST, and MICHELLE RANIERI CORONA 42. Plaintiffs repeat and reallege all prior paragraphs of this complaint with the same force and effect as though same were set forth at length herein, and further allege that: 43. A bona fide justiciable and substantial controversy exists, specifically as to whether the above- mentioned note is both valid, and able to be placed as a lien upon the Hudson Property as a priority lien, together with interest and appreciation for its time of signing. 44. This bona fide and justiciable and substantial controversy is between parties with adverse legal interests as to either present or prospective obligations. 45. A judgment would serve a useful purpose in clarifying or settling the legal issues. 46. A judgment would finalize the controversy and offer relief from uncertainty. 47. Wherefore by reason of the foregoing, PLAINTIFFS request declaratory judgment, as against Defendants ROSE RANIERI IRREVOCABLE TRUST, and MICHELLE RANIERI CORONA, declaring the provision of the Trust to unequivocally appoint Plaintiff Paul the exclusive listing agent of the Belmont Property, together with costs, disbursements, and reasonable attorney's fees in prosecuting this matter. AS AND FOR THE THIRD CAUSE OF ACTION Breach of Fiduciary Duty As Against Defendants ROSE RANIERI IRREVOCABLE TRUST, MICHELLE RANIERI CORONA 10 of 16 FILED: NASSAU COUNTY CLERK 02/26/2024 03:15 AM INDEX NO. 603373/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/26/2024 48. Plaintiffs repeat and reallege all prior paragraphs of this complaint with the same force and effect as though same were set forth at length herein, and further allege that: 49. As set forth above, there is an existence of a fiduciary relationship between Plaintiff Paul and Defendants MRC and the Trust. 50. There has been misconduct by Defendants MRC and the Trust. 51. Plaintiff Paul has been financially damaged by the trust in an amount to be determined by the Court, but currently in an amount exceeding FORTY THOUSAND ($40,000.00) DOLLARS. 52. Defendants MRC and the Trust are the actual and proximate cause of the above-mentioned damages. 53. Wherefore by reason of the foregoing, PLAINTIFFS request monetary damages, as against Defendants ROSE RANIERI IRREVOCABLE TRUST, and MICHELLE RANIERI CORONA, in an amount to be determined by the Court but in no event less than ONE HUNDRED THOUSAND ($100,000.00) DOLLARS. AS AND FOR THE FOURTH CAUSE OF ACTION Breach of Contract As Against the ROSE RANIERI IRREVOCABLE TRUST, and MICHELLE RANIERI CORONA 54. Plaintiffs repeat and reallege all prior paragraphs of this complaint with the same force and effect as though same were set forth at length herein, and further allege that: 55. Plaintiff Paul and Defendant ROSE RANIERI IRREVOCABLE TRUST had a fully enforceable, binding contract that upon the decision to sell the Belmont Property, without a time limitation, Plaintiff Paul would be the exclusive listing agent of the Belmont Property. 11 of 16 FILED: NASSAU COUNTY CLERK 02/26/2024 03:15 AM INDEX NO. 603373/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/26/2024 56. In or about February of 2024, the Trust through its Trustee decided to sell the Belmont Property, and used Defendants RE/MAX BEACH WEST, and LAURIE WEST as the listing agents, thereby breaching the agreement. 57. As a result, Plaintiff Paul has and continues to be financially damaged 58. Wherefore by reason of the foregoing, PLAINTIFFS request monetary damages, as against Defendants ROSE RANIERI IRREVOCABLE TRUST, and MICHELLE RANIERI CORONA, in an amount to be determined by the Court but in no event less than ONE HUNDRED THOUSAND ($100,000.00) DOLLARS. AS AND FOR THE FIFTH CAUSE OF ACTION Tortious Interference with a Business Contract As Against Defendant MICHELLE RANIERI CORONA 59. Plaintiffs repeat and reallege all prior paragraphs of this complaint with the same force and effect as though same were set forth at length herein, and further allege that: Plaintiffs repeat and reallege all prior paragraphs of this complaint with the same force and effect as though stated here, and further allege: 60. There is the existence of a valid contract between plaintiff Paul, and the Trust, specifically that upon a condition precedent, the sale of the Belmont Property, he would, without limitation, be the exclusive listing agent of that property, 61. Defendant MRC knew of this contract. 62. Defendant intentionally procured that breach by personally seeing to it that another listing agent list and sell the property. 63. As a result of the above-mentioned, Plaintiff Paul has been and continues to be financially damaged. 12 of 16 FILED: NASSAU COUNTY CLERK 02/26/2024 03:15 AM INDEX NO. 603373/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/26/2024 64. Wherefore by reason of the foregoing, PLAINTIFFS request monetary damages, as against Defendant MICHELLE RANIERI CORONA, in an amount to be determined by the Court but in no event less than ONE HUNDRED THOUSAND ($100,000.00) DOLLARS. AS AND FOR THE SIXTH CAUSE OF ACTION Tortious Interference with a Business Contract As Against Defendants RE/MAX BEACH WEST and LAURIE WEST 65. Plaintiffs repeat and reallege all prior paragraphs of this complaint with the same force and effect as though same were set forth at length herein, and further allege that: Plaintiffs repeat and reallege all prior paragraphs of this complaint with the same force and effect as though stated here, and further allege: 66. There is the existence of a valid contract between plaintiff Paul, and the Trust, specifically that upon a condition precedent, the sale of the Belmont Property, he would, without limitation, be the exclusive listing agent of that property, 67. Defendant RE/MAX BEACH WEST and LAURIE WEST knew of this contract. 68. Defendant intentionally procured that breach by personally seeing to it that another listing agent list and sell the property. 69. As a result of the above-mentioned, Plaintiff Paul has been and continues to be financially damaged. 70. Wherefore by reason of the foregoing, PLAINTIFFS request monetary damages, as against Defendants RE/MAX BEACH WEST and LAURIE WEST in an amount to be determined by the Court but in no event less than ONE HUNDRED THOUSAND ($100,000.00) DOLLARS. 13 of 16 FILED: NASSAU COUNTY CLERK 02/26/2024 03:15 AM INDEX NO. 603373/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/26/2024 WHEREFORE, Plaintiffs, JIE RANIERI AND PAUL RANIERI, demand judgment against the Defendant as follows: a. PLAINTIFFS demand declaratory judgment, as against Defendants ROSE RANIERI IRREVOCABLE TRUST, and MICHELLE RANIERI CORONA, declaring the promissory note valid and enforceable as a priority lien as against the Hudson Property, together with costs, disbursements, and reasonable attorney's fees in prosecuting this matter. b. Wherefore by reason of the foregoing, PLAINTIFFS request declaratory judgment, as against Defendants ROSE RANIERI IRREVOCABLE TRUST, and MICHELLE RANIERI CORONA, declaring the provision of the Trust to unequivocally appoint Plaintiff Paul the exclusive listing agent of the Belmont Property, together with costs, disbursements, and reasonable attorney's fees in prosecuting this matter. c. PLAINTIFFS request monetary damages, as against Defendants ROSE RANIERI IRREVOCABLE TRUST, and MICHELLE RANIERI CORONA, in an amount to be determined by the Court but in no event less than ONE HUNDRED THOUSAND ($100,000.00) DOLLARS. d. Wherefore by reason of the foregoing, PLAINTIFFS request monetary damages, as against Defendants ROSE RANIERI IRREVOCABLE TRUST, and MICHELLE RANIERI CORONA, in an amount to be determined by the Court but in no event less than ONE HUNDRED THOUSAND ($100,000.00) DOLLARS. e. Wherefore by reason of the foregoing, PLAINTIFFS request monetary damages, as against Defendant MICHELLE RANIERI CORONA, in an amount to be determined by the Court but in no event less than ONE HUNDRED THOUSAND ($100,000.00) DOLLARS. f. Wherefore by reason of the foregoing, PLAINTIFFS request monetary damages, as against Defendants RE/MAX BEACH WEST and LAURIE WEST in an amount to be determined by the Court but in no event less than ONE HUNDRED THOUSAND ($100,000.00) DOLLARS. g. For costs and expenses in connection with the prosecution of this action; and h. For such other and further relief as this Court may deem just and equitable. DATED: February 24, 2024 Brooklyn, New York 14 of 16 FILED: NASSAU COUNTY CLERK 02/26/2024 03:15 AM INDEX NO. 603373/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/26/2024 VICTOR FERARU Attorney(s) for Plaintiff Law Office of Victor M. Feraru 1225 Franklin Avenue Suite 325 Garden City, NY 11530 Telephone No.: (516) 685-2285 Fax No.: (516) 494-7239 15 of 16 FILED: NASSAU COUNTY CLERK 02/26/2024 03:15 AM INDEX NO. 603373/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/26/2024 VERIFICATION STATE OF NEW YORK ) ) ss COUNTY OF KINGS ) I, Victor Feraru, an attorney admitted to practice in the courts of New York State, under penalty of perjury state that I am the attorney for the Plaintiffs in the above-entitled action. I have read the foregoing Complaint and know the contents thereof. The same is true as to my knowledge, except as to matters therein stated to be alleged on information and belief, and that, as to those matters, I believe them to be true. The grounds of my belief as to all matters not stated upon my own knowledge are the materials in my file and the investigation conducted by my office. This verification is made by the attorney as Plaintiffs are currently in Nassau County, and the undersigned’s primary office and office he is working from currently in Kings County, NY. Dated: February 26, 2024 /s/ Victor M. Feraru/s/ VICTOR FERARU, ESQ 16 of 16